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(영문) 수원지방법원 2016.08.10 2016노3490
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (three years and six months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. The Defendant reflects on the crime.

However, since the sum of the amount obtained by deceit of each of the crimes of this case is about KRW 260,000,000 in total, and the damage has not been recovered, there is a need for punishment accordingly.

Each crime against the victim C is committed during the period of the same repeated crime, and in particular, the responsibility for the crime is heavy.

In addition, since the defendant escaped after each of the crimes in this case, and was arrested for a considerable period, the circumstances after the crime are not good.

In addition, considering all other circumstances that are conditions for sentencing, such as the defendant's age, sex, environment, family relationship, motive and circumstance of the crime, the sentence of the court below is too unreasonable.

Therefore, the defendant's assertion is without merit (Provided, That the sentencing criteria applicable to each of the crimes in this case are the case where the type is higher than the single crime most severe as a result of summing-up of profits, and thus, 1/3 of the lower limit of the scope of punishment should be mitigated.

Therefore, according to Article 25(1) of the Regulation on Criminal Procedure, the lower court’s correction of “two and half years to six years” stated in the scope of the recommended sentence to “one and half years from August to six years” under Article 25(1) of the Criminal Procedure Act.

Even if the scope of the above recommended sentence is revised, the sentence of the court below is too unreasonable for the reasons as seen above. 3. Thus, the defendant's appeal is without merit, and it is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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